Title IV, PUBLIC HEALTH (Ch. 123 - 158)

1. A health care provider or facility that maintains or transmits electronic protected health information shall disclose to the legal guardian of a minor the minor’s electronic protected health information, with the following exceptions: a. Electronic protected health information…

1. The department shall administer a centers of excellence grant program to encourage innovation and collaboration among regional health care providers in rural areas, based upon the results of a regional community needs assessment, in order to transform health care delivery that…

No person shall make a charge or require any special device, key or slug for the use of a toilet located in a room provided for use of the public. Violation of this section is a simple misdemeanor. [C24, 27, 31, 35, 39, § 2839; C46, 50, 54, 58, 62, 66, 71, 73, 75, §170.34; C77, §…

1. As used in this section : a. “Brain injury” means clinically evident damage to the brain resulting directly or indirectly from trauma, infection, anoxia, vascular lesions, or tumor of the brain, not primarily related to a degenerative disease or aging process, which temporaril…

1. For purposes of this section , unless the context otherwise requires: a. “Brain injury” means a brain injury as defined in section 135.22 . b. “Council” means the council on health and human services. 2. The council shall do all of the following: a. Promote meetings and progra…

1. Definitions. For the purposes of this section , “brain injury services waiver” means the state’s medical assistance home and community-based services waiver for persons with brain injury implemented under chapter 249A . 2. Program created. a. A brain injury services program is…

1. The director shall establish within the department a program to provide to eligible hospitals, clinics, free clinics, field dental clinics, specialty health care provider offices, or other health care facilities, health care referral programs, or charitable organizations, free…

1. For purposes of this section , “free clinic” means a free clinic as defined in section 135.24 that is also a network of free clinics in this state that offers operational and collaborative opportunities to free clinics. 2. Persons who are potential volunteers or volunteers in …

An emergency medical services fund is created in the state treasury under the control of the department. The fund includes, but is not limited to, amounts appropriated by the general assembly, amounts transferred pursuant to section 602.8108, subsection 4 , and other moneys avail…

1. Program goals. The department shall establish a grant program to energize local communities to transform the existing culture into a culture that promotes healthy lifestyles and leads collectively, community by community, to a healthier state. The grant program shall expand an…

Notwithstanding any other provision of law to the contrary, a woman may breast-feed the woman’s own child in any public place where the woman’s presence is otherwise authorized. 2000 Acts, ch 1140, §21

If any local board shall fail to enforce the rules of the state department or carry out its lawful directions, the department may enforce the same within the territorial jurisdiction of such local board, and for that purpose it may exercise all of the powers given by statute to t…

All expenses incurred by the state department in determining whether its rules are enforced by a local board, and in enforcing the same when a local board has failed to do so, shall be paid in the same manner as the expenses of enforcing such rules when enforced by the local boar…

All peace officers of the state when called upon by the department shall enforce its rules and execute the lawful orders of the department within their respective jurisdictions. [C97, §2572; S13, §2572; C24, 27, 31, 35, 39, § 2214; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,…

Any person resisting or interfering with the department, its employees, or authorized agents, in the discharge of any duty imposed by law shall be guilty of a simple misdemeanor. [C24, 27, 31, 35, 39, § 2215; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.36 ] 2023 Acts, c…

Any person who knowingly violates any provision of this chapter , or of the rules of the department, or any lawful order, written or oral, of the department or of its officers, or authorized agents, shall be guilty of a simple misdemeanor. [C73, §419; C97, §2573; S13, §2575-a6; C…

The department may accept financial aid from the government of the United States for the purpose of assisting in carrying on public health or substance use disorder responsibility in the state of Iowa. [C31, 35, §2217-c1; C39, § 2217.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79…

The department is authorized to accept gifts, grants, or allotments of funds from any source to be used for programs authorized by this chapter or any other chapter which the department is responsible for administering. A public health gifts and grants fund is created as a separa…

1. Beginning January 1, 2006, early childhood immunizations administered in this state shall not contain more than trace amounts of mercury. 2. For the purposes of this section : a. “Early childhood immunizations” means immunizations administered to children under eight years of …

The department shall implement elderly wellness services in a manner that ensures that the services provided are not payable by a third-party source. 2005 Acts, ch 175, §76

1. The parent or guardian of a child to be enrolled in a public or accredited nonpublic elementary school shall ensure that the child is screened for vision impairment at least once before enrollment in kindergarten and again before enrollment in grade three. The parent or guardi…

1. At least ninety days prior to taking any action to permanently discontinue fluoridation in its water supply, an owner or operator of a public water supply system, as defined in section 455B.171 , shall provide notice to the department and the public water supply system’s custo…

1. Any person, hospital, sanatorium, nursing or rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to the department, the Iowa medical society or any of its alli…

The department, the Iowa medical society or any of its allied medical societies, the Iowa osteopathic medical association, any in-hospital staff committee, or the Iowa healthcare collaborative shall use or publish said material only for the purpose of advancing medical research o…

All information, interviews, reports, statements, memoranda, or other data furnished in accordance with this subchapter and any findings or conclusions resulting from such studies shall not be used or offered or received in evidence in any legal proceedings of any kind or charact…

1. A state mortality review committee is established in the department. The department shall provide staffing and administrative support to the committee. 2. The membership of the review committee is subject to the provisions of section 4A.12 relating to political affiliation. Re…

As used in this subchapter , unless the context otherwise requires: 1. “Affected persons” means, with respect to an application for a certificate of need: a. The person submitting the application. b. Consumers who would be served by the new institutional health service proposed i…

1. A new institutional health service or changed institutional health service shall not be offered or developed in this state without prior application to the department for and receipt of a certificate of need, pursuant to this subchapter . The application shall be made upon for…

1. In determining whether a certificate of need shall be issued, the department shall consider the following: a. The contribution of the proposed institutional health service in meeting the needs of the medically underserved, including persons in rural areas, low-income persons, …

1. Before applying for a certificate of need, the sponsor of a proposed new institutional health service or changed institutional health service shall submit to the department a letter of intent to offer or develop a service requiring a certificate of need. The letter shall be su…

1. Within fifteen business days after receipt of an application for a certificate of need, the department shall examine the application for form and completeness and accept or reject it. An application shall be rejected only if it fails to provide all information required by the …

1. The department may waive the letter of intent procedures prescribed by section 135.64 and substitute a summary review procedure, which shall be established by rules of the department, when it accepts an application for a certificate of need for a project which meets any of the…

While formal review of an application for a certificate of need is in progress, the department shall upon request inform any affected person of the status of the review, any findings which have been made in the course of the review, and any other appropriate information concernin…

1. The department shall complete its formal review of the application within ninety days after acceptance of the application, except as otherwise provided by section 135.71, subsection 4 . Upon completion of the formal review, the department shall approve or deny the application.…

The department’s decision on an application for certificate of need, when announced pursuant to section 135.68 , shall be a final decision. Any dissatisfied party who is an affected person with respect to the application, and who participated or sought unsuccessfully to participa…

1. A certificate of need shall be valid for a maximum of one year from the date of issuance. Upon the expiration of the certificate, or at any earlier time while the certificate is valid, the holder of the certificate shall provide the department information on the development of…

The department shall adopt such administrative rules as are necessary to enable it to implement this subchapter . These rules shall include: 1. Additional procedures and criteria for review of applications for certificates of need. 2. Uniform procedures for variations in applicat…

1. Any party constructing a new institutional health facility or an addition to or renovation of an existing institutional health facility without first obtaining a certificate of need or, in the case of a mobile health service, ascertaining that the mobile health service has rec…

1. The department, after study and in consultation with any advisory committees which may be established pursuant to law, shall promulgate by rule pursuant to chapter 17A uniform methods of financial reporting, including such allocation methods as may be prescribed, by which hosp…

1. Each hospital and each health care facility shall annually, after the close of its fiscal year, file all of the following with the department: a. A balance sheet detailing the assets, liabilities and net worth of the hospital or health care facility. b. A statement of its inco…

1. The department shall from time to time undertake analyses and studies relating to hospital and health care facility costs and to the financial status of hospitals or health care facilities, or both, which are subject to the provisions of this subchapter . It shall further requ…

The department shall compile all relevant financial and utilization data in order to have available the statistical information necessary to properly monitor hospital and health care facility charges and costs. Such data shall include necessary operating expenses, appropriate exp…

Any hospital or health care facility which fails to file with the department the financial reports required by sections 135.73 through 135.76 is subject to a civil penalty of not to exceed five hundred dollars for each offense. [C79, 81, §135.79 ] 2021 Acts, ch 80, §67 ; 2023 Act…

In furtherance of the department’s responsibilities under sections 135.75 and 135.76 , the director may contract with the Iowa hospital association and third-party payers, the Iowa health care facilities association and third-party payers, or leading age Iowa and third-party paye…